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| To amend section 307.86 and to enact section 307.862 | 1 |
| of the Revised Code to allow a county contracting | 2 |
| authority to use competitive sealed proposals | 3 |
| instead of competitive sealed bidding when doing | 4 |
| so would be advantageous to the county. | 5 |
| Section 1. That section 307.86 be amended and section 307.862 | 6 |
| of the Revised Code be enacted to read as follows: | 7 |
| Sec. 307.86. Anything to be purchased, leased, leased with | 8 |
| an option or agreement to purchase, or constructed, including, but | 9 |
| not limited to, any product, structure, construction, | 10 |
| reconstruction, improvement, maintenance, repair, or service, | 11 |
| except the services of an accountant, architect, attorney at law, | 12 |
| physician, professional engineer, construction project manager, | 13 |
| consultant, surveyor, or appraiser, by or on behalf of the county | 14 |
| or contracting authority, as defined in section 307.92 of the | 15 |
| Revised Code, at a cost in excess of twenty-five thousand dollars, | 16 |
| except as otherwise provided in division (D) of section 713.23 and | 17 |
| in sections 125.04, 125.60 to 125.6012, 307.022, 307.041, 307.861, | 18 |
| 339.05, 340.03, 340.033, 4115.31 to 4115.35, 5119.16, 5513.01, | 19 |
| 5543.19, 5713.01, and 6137.05 of the Revised Code, shall be | 20 |
| obtained through competitive bidding. However, competitive bidding | 21 |
| is not required when any of the following applies: | 22 |
| (A) The board of county commissioners, by a unanimous vote of | 23 |
| its members, makes a determination that a real and present | 24 |
| emergency exists, and that determination and the reasons for it | 25 |
| are entered in the minutes of the proceedings of the board, when | 26 |
| either of the following applies: | 27 |
| (1) The estimated cost is less than fifty thousand dollars. | 28 |
| (2) There is actual physical disaster to structures, radio | 29 |
| communications equipment, or computers. | 30 |
| For purposes of this division, "unanimous vote" means all | 31 |
| three members of a board of county commissioners when all three | 32 |
| members are present, or two members of the board if only two | 33 |
| members, constituting a quorum, are present. | 34 |
| Whenever a contract of purchase, lease, or construction is | 35 |
| exempted from competitive bidding under division (A)(1) of this | 36 |
| section because the estimated cost is less than fifty thousand | 37 |
| dollars, but the estimated cost is twenty-five thousand dollars or | 38 |
| more, the county or contracting authority shall solicit informal | 39 |
| estimates from no fewer than three persons who could perform the | 40 |
| contract, before awarding the contract. With regard to each such | 41 |
| contract, the county or contracting authority shall maintain a | 42 |
| record of such estimates, including the name of each person from | 43 |
| whom an estimate is solicited. The county or contracting authority | 44 |
| shall maintain the record for the longer of at least one year | 45 |
| after the contract is awarded or the amount of time the federal | 46 |
| government requires. | 47 |
| (B)(1) The purchase consists of supplies or a replacement or | 48 |
| supplemental part or parts for a product or equipment owned or | 49 |
| leased by the county, and the only source of supply for the | 50 |
| supplies, part, or parts is limited to a single supplier. | 51 |
| (2) The purchase consists of services related to information | 52 |
| technology, such as programming services, that are proprietary or | 53 |
| limited to a single source. | 54 |
| (C) The purchase is from the federal government, the state, | 55 |
| another county or contracting authority of another county, or a | 56 |
| board of education, township, or municipal corporation. | 57 |
| (D) The purchase is made by a county department of job and | 58 |
| family services under section 329.04 of the Revised Code and | 59 |
| consists of family services duties or workforce development | 60 |
| activities or is made by a county board of mental retardation and | 61 |
| developmental disabilities under section 5126.05 of the Revised | 62 |
| Code and consists of program services, such as direct and | 63 |
| ancillary client services, child care, case management services, | 64 |
| residential services, and family resource services. | 65 |
| (E) The purchase consists of criminal justice services, | 66 |
| social services programs, family services, or workforce | 67 |
| development activities by the board of county commissioners from | 68 |
| nonprofit corporations or associations under programs funded by | 69 |
| the federal government or by state grants. | 70 |
| (F) The purchase consists of any form of an insurance policy | 71 |
| or contract authorized to be issued under Title XXXIX of the | 72 |
| Revised Code or any form of health care plan authorized to be | 73 |
| issued under Chapter 1751. of the Revised Code, or any combination | 74 |
| of such policies, contracts, or plans that the contracting | 75 |
| authority is authorized to purchase, and the contracting authority | 76 |
| does all of the following: | 77 |
| (1) Determines that compliance with the requirements of this | 78 |
| section would increase, rather than decrease, the cost of the | 79 |
| purchase; | 80 |
| (2) Employs a competent consultant to assist the contracting | 81 |
| authority in procuring appropriate coverages at the best and | 82 |
| lowest prices; | 83 |
| (3) Requests issuers of the policies, contracts, or plans to | 84 |
| submit proposals to the contracting authority, in a form | 85 |
| prescribed by the contracting authority, setting forth the | 86 |
| coverage and cost of the policies, contracts, or plans as the | 87 |
| contracting authority desires to purchase; | 88 |
| (4) Negotiates with the issuers for the purpose of purchasing | 89 |
| the policies, contracts, or plans at the best and lowest price | 90 |
| reasonably possible. | 91 |
| (G) The purchase consists of computer hardware, software, or | 92 |
| consulting services that are necessary to implement a computerized | 93 |
| case management automation project administered by the Ohio | 94 |
| prosecuting attorneys association and funded by a grant from the | 95 |
| federal government. | 96 |
| (H) Child care services are purchased for provision to county | 97 |
| employees. | 98 |
| (I)(1) Property, including land, buildings, and other real | 99 |
| property, is leased for offices, storage, parking, or other | 100 |
| purposes, and all of the following apply: | 101 |
| (a) The contracting authority is authorized by the Revised | 102 |
| Code to lease the property. | 103 |
| (b) The contracting authority develops requests for proposals | 104 |
| for leasing the property, specifying the criteria that will be | 105 |
| considered prior to leasing the property, including the desired | 106 |
| size and geographic location of the property. | 107 |
| (c) The contracting authority receives responses from | 108 |
| prospective lessors with property meeting the criteria specified | 109 |
| in the requests for proposals by giving notice in a manner | 110 |
| substantially similar to the procedures established for giving | 111 |
| notice under section 307.87 of the Revised Code. | 112 |
| (d) The contracting authority negotiates with the prospective | 113 |
| lessors to obtain a lease at the best and lowest price reasonably | 114 |
| possible considering the fair market value of the property and any | 115 |
| relocation and operational costs that may be incurred during the | 116 |
| period the lease is in effect. | 117 |
| (2) The contracting authority may use the services of a real | 118 |
| estate appraiser to obtain advice, consultations, or other | 119 |
| recommendations regarding the lease of property under this | 120 |
| division. | 121 |
| (J) The purchase is made pursuant to section 5139.34 or | 122 |
| sections 5139.41 to 5139.46 of the Revised Code and is of programs | 123 |
| or services that provide case management, treatment, or prevention | 124 |
| services to any felony or misdemeanant delinquent, unruly youth, | 125 |
| or status offender under the supervision of the juvenile court, | 126 |
| including, but not limited to, community residential care, day | 127 |
| treatment, services to children in their home, or electronic | 128 |
| monitoring. | 129 |
| (K) The purchase is made by a public children services agency | 130 |
| pursuant to section 307.92 or 5153.16 of the Revised Code and | 131 |
| consists of family services, programs, or ancillary services that | 132 |
| provide case management, prevention, or treatment services for | 133 |
| children at risk of being or alleged to be abused, neglected, or | 134 |
| dependent children. | 135 |
| (L) The purchase is to obtain the services of emergency | 136 |
| medical service organizations under a contract made by the board | 137 |
| of county commissioners pursuant to section 307.05 of the Revised | 138 |
| Code with a joint emergency medical services district. | 139 |
| (M) The county contracting authority determines that the use | 140 |
| of competitive sealed proposals would be advantageous to the | 141 |
| county and the contracting authority complies with section 307.862 | 142 |
| of the Revised Code. | 143 |
| Any issuer of policies, contracts, or plans listed in | 144 |
| division (F) of this section and any prospective lessor under | 145 |
| division (I) of this section may have the issuer's or prospective | 146 |
| lessor's name and address, or the name and address of an agent, | 147 |
| placed on a special notification list to be kept by the | 148 |
| contracting authority, by sending the contracting authority that | 149 |
| name and address. The contracting authority shall send notice to | 150 |
| all persons listed on the special notification list. Notices shall | 151 |
| state the deadline and place for submitting proposals. The | 152 |
| contracting authority shall mail the notices at least six weeks | 153 |
| prior to the deadline set by the contracting authority for | 154 |
| submitting proposals. Every five years the contracting authority | 155 |
| may review this list and remove any person from the list after | 156 |
| mailing the person notification of that action. | 157 |
| Any contracting authority that negotiates a contract under | 158 |
| division (F) of this section shall request proposals and | 159 |
| renegotiate with issuers in accordance with that division at least | 160 |
| every three years from the date of the signing of such a contract. | 161 |
| Any consultant employed pursuant to division (F) of this | 162 |
| section and any real estate appraiser employed pursuant to | 163 |
| division (I) of this section shall disclose any fees or | 164 |
| compensation received from any source in connection with that | 165 |
| employment. | 166 |
| Sec. 307.862. (A) When a county contracting authority uses | 167 |
| competitive sealed proposals pursuant to section 307.86 of the | 168 |
| Revised Code, the county contracting authority shall do all of the | 169 |
| following: | 170 |
| (1) Develop factors and criteria to evaluate each proposal, | 171 |
| specify the relative importance of each factor or criterion in | 172 |
| writing, and describe the evaluation procedures the contracting | 173 |
| authority shall follow when awarding a contract to an offeror. | 174 |
| (2) Solicit competitive sealed proposals through a request | 175 |
| for proposals; | 176 |
| (3) Include, at a minimum, all of the information described | 177 |
| in division (B) of this section in the request for proposals; | 178 |
| (4) Give notice of the request for proposals in the same | 179 |
| manner that notice must be given for competitive bidding pursuant | 180 |
| to section 307.87 of the Revised Code; | 181 |
| (5) Open proposals that the contracting authority receives in | 182 |
| a manner that prevents the disclosure of contents of competing | 183 |
| offers to competing offerors; | 184 |
| (6) Rank each proposal using the factors and criteria the | 185 |
| contracting authority develops pursuant to division (A)(1) of this | 186 |
| section; | 187 |
| (7) If necessary, conduct discussions with offerors for the | 188 |
| purpose of ensuring full understanding of, and responsiveness to, | 189 |
| the requirements specified in the request for proposals, and | 190 |
| accord fair and equal treatment with respect to any opportunity | 191 |
| for discussion with offerors to provide any clarification, | 192 |
| correction, or revision of proposals; | 193 |
| (8) If the contracting authority determines that discussions | 194 |
| described in division (A)(7) of this section are necessary, avoid | 195 |
| disclosing any information derived from proposals submitted by | 196 |
| competing offerors during those discussions; | 197 |
| (9) Negotiate with the offeror who submits the proposal that | 198 |
| the contracting authority determines is the most advantageous to | 199 |
| the county based on the rankings performed by the contracting | 200 |
| authority pursuant to division (A)(6) of this section and | 201 |
| including any adjustment to those rankings based on discussions | 202 |
| conducted pursuant to division (A)(7) of this section; | 203 |
| (10) Conduct negotiations with only one offeror at a time; | 204 |
| (11) Except as provided in division (F) of this section, | 205 |
| award a contract in accordance with division (E) of this section. | 206 |
| (B) A contracting authority shall include, at a minimum, all | 207 |
| of the following information in the contracting authority's | 208 |
| request for proposals: | 209 |
| (1) The name and address of the department, office, | 210 |
| institution, board, or commission that is requesting to purchase | 211 |
| supplies, services, or both; | 212 |
| (2) Instructions for offerors to follow when submitting | 213 |
| proposals; | 214 |
| (3) Instructions governing communications between an offeror | 215 |
| and the contracting authority, including, but not limited to, the | 216 |
| name, title, and telephone number of the person to whom questions | 217 |
| concerning the request for proposals should be directed; | 218 |
| (4) A description of the scope of work that the contracting | 219 |
| authority requests an offeror to perform or supplies the | 220 |
| contracting authority plans to purchase; | 221 |
| (5) To the extent possible, a description of the performance | 222 |
| criteria the contracting authority shall require an offeror to | 223 |
| satisfy, including but not limited to, the quantity of the | 224 |
| supplies, services, or both, to be purchased; the requirements the | 225 |
| contracting authority shall follow for inspection and acceptance | 226 |
| of the supplies, services, or both; and the delivery schedule for | 227 |
| each such supply or service; | 228 |
| (6) The factors and criteria the contracting authority shall | 229 |
| consider in evaluating proposals received; | 230 |
| (7) Any terms and conditions that the contracting authority | 231 |
| is required by law to include in the contract the contracting | 232 |
| authority awards, including any requirement for a bond and the | 233 |
| amount required for that bond; | 234 |
| (8) The date and time by which, and the place to which an | 235 |
| offeror must deliver the offeror's proposal to the contracting | 236 |
| authority in order to be considered for the contract; | 237 |
| (9) A list of any documents that the contracting authority | 238 |
| incorporates by reference in the request for proposals, provided | 239 |
| that the contracting authority specifies in the request for | 240 |
| proposals that the documents are readily available to all offerors | 241 |
| and the location where an offeror may obtain those documents; | 242 |
| (10) A statement that includes all of the following | 243 |
| information: | 244 |
| (a) That the contracting authority reserves the right to | 245 |
| reject any proposal in which the offeror takes exception to the | 246 |
| terms and conditions of the request for proposals; fails to meet | 247 |
| the terms and conditions of the request for proposals, including | 248 |
| but not limited to, the standards, specifications, and | 249 |
| requirements specified in the request for proposals; or submits | 250 |
| prices that the contracting authority considers to be excessive, | 251 |
| compared to existing market conditions, or determines exceed the | 252 |
| available funds of the contracting authority; | 253 |
| (b) That the contracting authority reserves the right to | 254 |
| reject, in whole or in part, any proposal that the county | 255 |
| contracting authority has determined, using the factors and | 256 |
| criteria the contracting authority develops pursuant to division | 257 |
| (A)(1) of this section, would not be in the best interest of the | 258 |
| county; | 259 |
| (c) That the contracting authority may conduct discussions | 260 |
| with offerors who submit proposals for the purpose of | 261 |
| clarifications or corrections regarding a proposal to ensure full | 262 |
| understanding of, and responsiveness to, the requirements | 263 |
| specified in the request for proposals. | 264 |
| (11) Information concerning any potential partial or multiple | 265 |
| party awards that the contracting authority may include in the | 266 |
| contract, and a description of the supplies, services, or both | 267 |
| that may be subject to a partial award or multiple awards; | 268 |
| (12) Any additional information the contracting authority | 269 |
| considers necessary for its purposes in determining to whom to | 270 |
| award the contract. | 271 |
| (C) In order to ensure fair and impartial evaluation, | 272 |
| proposals and any documents or other records related to a | 273 |
| subsequent negotiation for a final contract are not available for | 274 |
| public inspection and copying under section 149.43 of the Revised | 275 |
| Code until after the award of the contract, except that any | 276 |
| information included in a proposal or such negotiation that is | 277 |
| considered confidential by, proprietary to, or a trade secret of | 278 |
| an offeror shall remain confidential indefinitely. | 279 |
| (D) An offeror may withdraw the offeror's proposal at any | 280 |
| time prior to the award of a contract. A contracting authority may | 281 |
| terminate negotiations with an offeror at any time during the | 282 |
| negotiation process if the offeror fails to provide the necessary | 283 |
| information for negotiations in a timely manner or fails to | 284 |
| negotiate in good faith. If the contracting authority terminates | 285 |
| negotiations with an offeror, the contracting authority shall | 286 |
| negotiate with the offeror whose proposal is ranked the next most | 287 |
| advantageous to the county according to the factors and criteria | 288 |
| developed pursuant to division (A)(1) of this section. | 289 |
| (E) A county contracting authority may award a contract to | 290 |
| the offeror whose proposal is determined to be the most | 291 |
| advantageous to the county, taking into consideration the | 292 |
| evaluation factors and criteria developed pursuant to division | 293 |
| (A)(1) of this section and set forth in the request for proposals. | 294 |
| A contracting authority may award a contract in whole or in part | 295 |
| to one or more offerors. The contracting authority shall include a | 296 |
| written statement in the contract file stating the basis on which | 297 |
| the award is made. | 298 |
| The contracting authority shall send a written notice to the | 299 |
| offeror to whom it wishes to award the contract and shall make | 300 |
| that notice available to the public. Within a reasonable time | 301 |
| period after the award is made, the contracting authority shall | 302 |
| notify all other offerors that the contract has been awarded to | 303 |
| another offeror. | 304 |
| (F) A contracting authority may cancel or reissue a request | 305 |
| for proposals if any of the following apply: | 306 |
| (1) The supplies or services offered through all of the | 307 |
| proposals submitted to the contracting authority are not in | 308 |
| compliance with the requirements, specifications, and terms and | 309 |
| conditions set forth in the request for proposals; | 310 |
| (2) The prices submitted by the offerors are excessive | 311 |
| compared to existing market conditions or exceed the available | 312 |
| funds of the contracting authority; | 313 |
| (3) The contracting authority determines that award of a | 314 |
| contract would not be in the best interest of the county. | 315 |
| (G) A county contracting authority shall not use competitive | 316 |
| sealed proposals for contracts for construction, demolition, | 317 |
| alteration, repair, or reconstruction of a building, highway, | 318 |
| drainage system, water system, road, street, alley, sewer, ditch, | 319 |
| sewage disposal plant, waterworks, and all other structures or | 320 |
| works of any nature by a county contracting authority. | 321 |
| Section 2. That existing section 307.86 of the Revised Code | 322 |
| is hereby repealed. | 323 |